UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


LAW  LIBRARY 


RULES  OF  PRACTICE 


IX   CASES  BEFORE   THE 


nited  States  District  Land  Offices, 


THE 


GENEPAL  LAND  OFFICE, 


AND  THE 


DEPARTMENT  OF  THE  INTERIOR. 


APPROVED  AUGUST  13,  1885. 

TO  TAKE  EFFECT  SEPTEMBER  1,  1885. 


6108  R  p 


[  REPRINT.  ] 

LAW  LIBRARY 

UNIVERSITY  OF  CALIFORNIA 

LOS  ANGELES 

WASHINGTON: 

GOVERNMENT   PRINTING  OFFICE. 

18  8  7. 


s 
mi 


\\ 


RULES  OF  PRACTICE,  REVISED. 


Department  of  the  Interior, 
General  Land  Office, 
Washington,  D.  C,  June  24,  1885. 

Sir  :  I  have  the  honor  to  submit  herewith,  for  your  consideration  and 
approval,  a  revised  draft  of  the  rules  of  practice  in  cases  before  the  dis- 
trict land  offices,  the  General  Land  Office,  and  Department  of  the  In- 
terior, embracing  such  modifications  and  additions  as  deemed  by  me 
subservient  of  the  good  of  the  practice  and  public  service. 

Very  respectfully, 

WM.  A.  J.  SPAEKS, 

Commissioner. 
Hon.  L.  Q.  C.  Lamar, 

Secretary  of  the  Interior. 


Department  of  the  Interior, 

Washington,  August  13,  1885. 

Sir  :  I  have  considered  the  revised  draft  of  rules  of  practice  in  land 
cases  submitted  by  your  letter  of  June  24,  1885,  and  have,  with  slight 
modifications,  adopted  the  same  for  promulgation,  to  take  effect  1st 
proximo.  The  final  official  draft  is  herewith  inclosed  for  the  files  of 
your  office. 

Very  respectfully, 

L.  Q.  C.  LAMAE, 

Secretary. 
The  Commissioner  of  the  General  Land  Office. 


Department  of  the  Interior, 
Washington,  D.  C,  August  13,  1885. 
The  following  rules  of  practice  for  the  government  of  proceedings  in 
this  Department  and  subordinate  offices  in  land  cases  are  hereby  pre- 
scribed, to  take  effect  September  1,  1885.    Proceedings  under  former 
rules  of  practice  will  not  bo  prejudiced  by  anything  herein  contained. 

L.  Q.  0.  LAMAE, 

Secretary. 


RULES  OF  PRACTICE. 


i. 

PEOCEEDINGS  BEFORE  EEGISTEES  AND  EECEIVEES. 

1. — Initiation  of  contests. 

Eule  1. — Contest  may  be  initiated  by  an  adverse  party  or  other 
person  against  a  party  to  any  entry,  filing,  or  other  claim  under  laws 
of  Congress  relating  to  the  public  lands,  for  any  sufficient  cause  affect- 
ing tbe  legality  or  validity  of  the  claim. 

Eule  2. — In  every  case  of  application  for  a  hearing  an  affidavit  must 
be  filed  by  the  contestant  with  the  register  and  receiver,  fully  setting 
forth  the  facts  which  constitute  the  grounds  of  contest. 

Eule  3. — Where  an  entry  has  been  allowed  and  remains  of  record 
the  affidavit  of  the  contestant  must  be  accompanied  by  the  affidavits 
of  one  or  more  witnesses  in  support  of  the  allegations  made. 

2. — Hearings  in  contested  cases. 

Eule  4. — Eegisters  and  receivers  may  order  hearings  in  all  cases 
wherein  entry  has  not  been  perfected  and  no  certificate  has  been  issued 
as  a  basis  for  patent. 

Eule  5. — In  case  of  an  entry  or  location  on  which  final  certificate 
has  been  issued  the  hearing  will  be  ordered  only  by  direction  of  the 
Commissioner  of  the  General  Land  Office. 

Eule  6. — Applications  for  hearings  under  Eule  5  must  be  transmitted 
by  the  register  and  receiver,  with  special  report  and  recommendation, 
to  the  Commissioner  for  his  determination  and  instructions. 

3. — Notice  of  contest. 

Eule  7. — At  least  thirty  days'  notice  shall  be  given  of  all  hearings 
before  the  register  and  receiver  unless  by  written  consent  an  earlier 
day  shall  be  agreed  upon. 

Eule  8. — The  notice  of  contest  and  hearing  must  conform  to  the  fol- 
lowing requirements: . 

1.  It  must  be  writtin  or  printed. 

2.  It  must  be  signed  by  the  register  and  receiver,  or  by  one  of  them. 

5 


6 

3.  It  must  state  the  time  and  place  of  hearing. 

4.  It  must  describe  the  laud  iuvolved. 

5.  It  must  state  the  register  aud  receiver's  number  of  the  entry  and 
the  land  office  where,  aud  the  date  when,  made,  and  the  name  of  the 
party  making  the  same. 

G.  It  must  give  the  name  of  the  contestant,  and  briefly  state  the  grounds 
and  purpose  of  the  contest. 
7.  It  may  contain  any  other  information  pertinent  to  the  contest. 

4. — Service  of  notice. 

Rule  9. — Personal  service  shall  be  made  in  all  cases  when  possible 
if  the  party  to  be  served  is  resident  in  the  State  or  Territory  in  which 
the  laud  is  situated,  and  shall  consist  in  the  delivery  of  a  copy  of  the 
notice  to  each  person  to  be  served. 

Rule  10.— ^Personal  service  may  be  executed  by  auy  officer  or  person. 

Rule  11. — Notice  may  be  given  by  publication  alone  only  when  it  is 
shown  by  affidavit  of  the  contestant,  and  by  such  other  evidence  as  the 
register  aud  receiver  may  require,  that  due  diligence  has  been  used  and 
that  personal  service  cannot  be  made.  The  party  will  be  required  to 
state  what  effort  has  been  made  to  get  personal  service. 

Rule  12. — When  it  is  found  that  the  prescribed  service  cannot  be 
had,  either  personal  or  by  publication,  in  time  for  the  hearing  provided 
for  in  the  notice,  the  notice  may  be  returned  prior  to  the  time  fixed  for 
the  hearing,  and  a  new  notice  issued  fixing  another  time  of  hearing,  for 
the  proper  service  thereof,  an  affidavit  being  filed  by  the  contestant 
showing  due  diligence  and  inability  to  serve  the  notice  in  time. 

5. — Notice  by  publication. 

Rule  13. — Notice  by  publication  shall  be  made  by  advertising  the 
notice  at  least  once  a  week  for  four  successive  weeks  in  some  newspaper 
published  in  the  county  wherein  the  land  in  contest  lies;  and  if  no 
newspaper  be  published  in  such  county,  tben  in  the  newspaper  published 
in  the  county  nearest  to  such  land.  The  first  insertion  shall  be  at  least 
thirty  days  prior  to  the  day  fixed  for  the  hearing. 

Rule  14. — Where  notice  is  giveu  by  publication,  a  copy  of  the  notice 
shall  be  mailed  by  registered  letter  to  the  last  known  address  of  each 
person  to  be  notified  thirty  days  before  date  of  hearing,  and  a  like  copy 
shall  be  posted  in  the  register's  office  during  the  period  of  publication, 
and  also  in  a  conspicuous  place  on  the  land,  for  at  least  two  weeks  prior 
to  the  day  set  for  hearing. 

6. — Proof  of  service  of  notice. 

Rule  15. — Proof  of  personal  service  shall  be  the  written  acknowledg- 
ment of  the  person  served  or  the  affidavit  of  the  person  who  served  the 
notice  attached  thereto,  stating  the  time,  place,  aud  manner  of  service. 


Eule  16. — When  service  is  by  publication,  the  proof  of  service  shall 
be  a  copy  of  the  advertisement,  with  the  affidavit  of  the  publisher  or 
foreman  attached  thereto,  showing  that  the  same  was  successively  in- 
serted the  requisite  number  of  times,  and  the  date  thereof. 

7. — Notice  of  interlocutory  proceedings. 

Eule  17. — Notice  of  interlocutory  motions,  proceedings,  orders,  and 
decisions  shall  be  in  writing,  and  may  be  served  personally  or  by  regis- 
tered letter  through  the  mail  to  the  last  known  address  of  the  party. 

Eule  18. — Proof  of  service  by  mail  shall  be  the  affidavit  of  the  person 
who  mailed  the  notice,  attached  to  the  post-office  receipt  for  the  regis- 
tered letter. 

8. — Rehearings. 

Eule  19. — Orders  for  rehearing  must  be  brought  to  the  notice  of  the 
parties  in  the  same  i 


Eule  20. — A  pos- 
register  and  receiver  may  De  auoweu  on  cne  uay  ux  tna.1  uu  auwuuu  oi 
the  absence  of  material  witnesses,  when  the  party  asking  for  the  con- 
tinuance makes  an  affidavit  before  the  register  and  receiver  showing — 

1.  That  one  or  more  of  the  witnesses  in  his  behalf  is  absent  without 
his  procurement  or  consent ; 

2.  The  name  and  residence  of  each  witness ; 

3.  The  facts  to  which  they  would  testify  if  present ; 

4.  The  materiality  of  the  evidence ; 

5.  The  exercise  of  proper  diligence  to  procure  the  attendance  of  the 
absent  witnesses ;  and 

6.  That  affiant  believes  said  witnesses  can  be  had  at  the  time  to  which 
it  is  sought  to  have  the  trial  postponed; 

7.  Where  hearings  are  ordered  by  the  Commissioner  of  the  General 
Land  Office  in  cases  to  which  the  United  States  is  a  party,  continu- 
ances will  be  granted  in  accordance  with  the  usual  practice  in  United 
States  cases  in  the  courts,  without  requiring  an  affidavit  on  the  part  of 
the  Government. 

Eule  21. — One  continuance  only  shall  be  allowed  to  either  party  on 
account  of  absent  witnesses,  unless  the  party  applying  for  a  further 
continuance  shall  at  the  same  time  apply  for  an  order  to  take  the  depo- 
sitions of  the  alleged  absent  witnesses. 

Eule  22. — No  continuance  shall  be  granted  wnen  the  opposite  party 
shall  admit  that  the  witnesses  would,  if  present,  testify  to  the  statement 
set  out  in  the  application  for  continuance. 


8 

10. — Depositions  on  interrogatories. 

Eule  23. — Testimony  may  be  taken  by  deposition  in  the  following 
cases : 

1.  Where  the  witness  is  unable,  from  age,  infirmity,  or  sickness,  or 
shall  refuse,  to  attend  the  hearing  at  the  local  land  office. 

2.  Where  the  witness  resides  more  than  fifty  miles  from  the  place  of 
trial,  computing  distance  by  the  usually  traveled  route. 

3.  Where  the  witness  resides  out  of  or  is  about  to  leave  the  State  or 
Territory,  or  is  absent  therefrom. 

4.  Where  from  any  cause  it  is  apprehended  that  the  witness  may  be 
unable  or  will  refuse  to  attend,  in  which  case  the  deposition  will  be 
used  only  in  event  that  the  personal  attendance  of  the  witness  cannot 
be  obtained. 

Eule  24. — The  party  desiring  to  take  a  deposition  under  Eule  23 
must  comply  with  the  following  regulations : 

1.  He  must  make  affidavit  before  the  register  or  receiver,  setting  forth 
one  or  more  of  the  above-named  causes  for  taking  such  deposition,  and 
that  the  witness  is  material. 

2.  He  must  *£  ^im  the  register  and  receiver  the  interrogatories  to 
be  p.*.    "~.~aed  to  the  witness. 

3.  He  must  state  the  name  and  residence  of  the  witness. 

4.  He  must  serve  a  copy  of  the  interrogatories  on  the  opposing  party 
or  his  attorney. 

Eule  25. — The  opposing  party  will  be  allowed  ten  days  in  which  to 
file  cross-interrogatories. 

Eule  26. — After  the  expiration  of  the  ten  days  allowed  for  filing  cross- 
interrogatories  a  commission  to  take  the  deposition  shall  be  issued  by 
the  register  and  receiver,  which  commission  shall  be  accompanied  by 
a  copy  of  all  the  interrogatories  filed. 

Eule  27. — The  register  and  receiver  may  designate  any  officer  au- 
thorized to  administer  oaths  within  the  county  or  district  where  the 
witness  resides  to  take  such  deposition. 

Eule  28. — It  is  the  duty  of  the  officer  before  whom  the  deposition  is 
taken  to  cause  the  interrogatories  appended  to  the  commission  to  be 
written  out  and  the  answers  thereto  to  be  inserted  immediately  under- 
neath the  respective  questions,  and  the  whole,  when  completed,  is  to  be 
read  over  to  the  witness,  and  must  be  by  him  subscribed  and  sworn  to 
in  the  usual  manner  before  the  witness  is  discharged. 

Eule  29. — The  officer  must  attach  his  certificate  to  the  deposition, 
stating  that  the  same  was  subscribed  and  sworn  to  by  the  deponent  at 
the  time  and  place  therein  mentioned. 

Eule  30. — The  deposition  and  certificate,  together  with  the  commis- 
sion and  interrogatories,  must  then  be  sealed  up,  the  title  of  the  cause 
indorsed  on  the  envelope,  and  the  whole  returned  by  mail  or  express  to 
the  register  and  receiver. 


Eule  3L. — "Upon  receipt  of  the  package  at  the  local  laud  office,  the 
date  when  the  same  is  opened  must  be  indorsed  on  the  envelope  and 
body  of  the  deposition  by  the  local  land  officers. 

Eule  32. — If  the  officer  designated  to  take  the  deposition  has  no  offi- 
cial seal,  a  proper  certificate  of  his  official  character,  under  seal,  must 
accompany  his  return. 

Eule  33. — The  parties  in  any  case  may  stipulate  in  writing  to  take 
depositions  before  any  qualified  officer,  and  in  any  manner. 

Eule  34. — All  stipulations  by  parties  or  counsel  must  be  in  writing, 
and  be  filed  with  the  register  and  receiver. 

11. — Oral  testimony  before  other  officers  than  registers  and  receivers. 

Eule  35. — In  the  discretion  of  registers  and  receivers  testimony 
may  be  taken  near  the  land  in  controversy  before  a  United  States  com- 
missioner or  other  officer  authorized  to  administer  oaths,  at  a  time  and 
place  to  be  fixed  by  them  and  stated  in  the  notice  of  hearing. 

2.  Officers  taking  testimony  under  the  foregoing  rule  will  be  governed 
by  the  rules  applicable  to  trials  before  registers  and  receivers.  (See 
Eules  36  to  42,  inclusive.) 

3.  Testimony  so  taken  must  be  certified  to,  sealed  up,  and  transmitted 
by  mail  or  express  to  the  register  and  receiver,  and  the  receipt  thereof 
at  the  local  office  noted  on  the  papers,  in  the  same  manner  as  provided 
in  case  of  depositions  by  Eules  29  to  32,  inclusive. 

4.  On  the  day  set  for  hearing  at  the  local  office  the  register  and  re- 
ceiver will  examine  the  testimony  taken  by  the  officer  designated,  and 
render  a  decision  thereon  in  the  same  manner  as  if  the  testimony  had 
been  taken  before  themselves.     (See  Eules  50  to  53,  inclusive.) 

5.  No  charge  for  examining  testimony  in  such  cases  will  be  made  by 
the  register  and  receiver. 

C.  Officers  designated  to  take  testimony  under  this  rule  will  be  allowed 
to  charge  such  fees  as  are  properly  authorized  by  the  tariff  of  fees  ex- 
isting in  the  local  courts  of  their  respective  districts,  to  be  taxed  in  the 
same  or  equivalent  manner  as  costs  are  taxed  by  registers  and  receivers 
under  Eules  54  to  58,  inclusive. 

7.  When  an  officer  designated  to  take  testimony  under  this  rule,  or 
when  an  officer  designated  to  take  depositions  under  Eule  27,  cannot 
act  on  the  day  fixed  for  taking  the  testimony  or  deposition,  the  testi- 
mony or  deposition,  as  the  case  may  be,  will  be  deemed  properly  taken 
before  any  other  qualified  officer,  at  the  same  place  and  time,  who  may 
be  authorized  by  the  officer  originally  designated,  or  by  agreement  of 
parties,  to  act  in  the  place  of  the  officer  first  named. 

12.— Trials. 

Eule  3G. — Upon  the  trial  of  a  cause  the  register  ami  receiver  may  in 
any  case,  a. id  should  in  all  cases  when  necessary,  personally  direct  the 
examination  of  the  witnesses,  in  order  to  draw  from  them  all  the  facts 


10 

within  their  knowledge  requisite  to  a  correct  conclusion  by  the  officers 
upon  any  point  connected  with  the  case. 

Rule  37. — The  register  and  receiver  will  be  careful  to  reach,  if  pos- 
sible, the  exact  condition  and  status  of  the  land  involved  by  any  contest, 
and  will  ascertain  all  the  facts  having  any  bearing  upon  the  rights  of 
parties  in  interest. 

Eule  38. — In  pre-emption  cases  they  will  particularly  ascertain  the 
nature,  extent,  and  value  of  alleged  impro'M^ntK;  by  whom  made? 
and  when;  the  true  date  of  the  sett  lenient  WBPersons  claiming;  the 
steps  taken  to  mark  and  secure  the  claim,  and  tP^ exact  status  of  the 
land  at  that  date  as  shown  upon  the  records  of  their  office.  J 

Rule  39. — In  like  manner,  under  the  homestead  and  other  laws,  the 
conditions  affecting  the  inception  of  tjie  alleged  right,  as  well  as  the 
subsequent  acts  of  the  respective  ^feinpnts,  must  be  fully  and  specific- 
ally examined.  ^H* 

Rule  40. —  Due  opportunity  willik»alJowed  opposing  claimants  to 
confront  and  cross-examine  the  witnesses'introduced  by  either  party. 

Eule  41. — No  testimony  will  be  excluded  from  the  record  by  the 
register  and  receiver  on  the  ground  of  any  objection  thereto;  but  when 
objection  is  made  to  testimony  offered,  the  exceptions  will  be  noted,  and 
the  testimony,  with  the  exceptions,  will  come  up  with  the  case  for  the 
consideration  of  the  Commissioner.  Officers  taking  testimony  will,  how- 
ever, summarily  put  a  stop  to  obviously  irrelevant  questioning. 

Eule  42. — Upon  the  day  originally  set  for  hearing,  and  upon  any  day 
to  which  the  trial  may  be  continued,  the  testimony  of  all  the  witnesses 
present  shall  be  taken  and  reduced  to  writing.  When  testimony  is 
taken  in  short-hand,  the  stenographer's  notes  must  be  written  out,  and 
the  written  testimony  then  aud  there  subscribed  by  the  witness  and 
attested  by  the  officer  before  whom  the  same  is  taken. 

13. — Appeals. 

Eule  43. — Appeals  from  the  final  action  or  decisions  of  registers  and 
receivers  lie  in  every  case  to  the  Commissioner  of  the  General  Land 
Office.     (Eevised  Statutes,  sections  453,  2478.) 

Eule  44. — After  hearing  in  a  contested  case  has  been  had  and  closed, 
the  register  and  receiver  will,  in  writing,  notify  the  parties  in  interest 
of  the  conclusions  to  which  they  have  arrived,  and  that  thirty  days  are 
allowed  for  an  appeal  from  their  decision  to  the  Commissioner,  the  no- 
tice to  be  served  personally  or  by  registered  letter  through  the  mail  to 
their  last  known  address. 

Eule  45. — The  appeal  must  be  in  writing  or  in  print,  and  should  set 
forth  in  brief  and  clear  terms  the  specific  points  of  exception  to  the 
ruling  appealed  from. 

Eule  40. — Notice  of  appeal  and  copy  of  specification  of  errors  shall  be 
served  on  appellee  within  the  time  allowed  for  appeal,  and  appellee  shall 
be  allowed  ten  days  for  reply  before  transmittal  of  the  record  to  the 
General  Land  Office. 


11 

Rule  47. — No  appeal  from  the  action  or  decisions  of  the  register  and 
receiver  will  be  received  at  the  General  Land  Office  unless  forwarded 
through  the  local  officers. 

i^Rule  48. — In  case  of  a  failure  to  appeal  from  the  decision  of  the  local 
officers,  their  decision  will  be  considered  final  as  to  the  facts  in  the  case 
and  will  be  disturbed  by  the  Commissioner  only  as  follows: 

1.  Where  fraud  or  gross  irregularity  is  suggested  on  the  face  of  the 
papers. 

2.  Where  the  decision  is  contrary  to  existing  laws  or  regulations. 

3.  In  event  of  disagreeing  decisions  by  the  local  officers. 

4.  Where  it  is  not  shown  that  the  party  against  whom  the  decision 
was  rendered  was  duly  notified  of  the  decision  and  of  his  right  of  appeal. 

Rule  49. — In  any  of  the  foregoing  cases  the  Commissioner  will  reverse 
or  modify  the  decision  of  the  local  officers  or  remand  the  case,  at  his  dis- 
cretion. 

Rule  50. — All  documents  once  received  by  the  local  officers  must  be 
kept  on  file  with  the  cases,  and  the  date  of  filing  must  be  noted  thereon ; 
and  no  papers  will  be  allowed  under  any  circumstances  to  be  removed 
from  the  files  or  taken  from  the  custody  of  the  register  and  receiver, 
but  access  to  the  same,  under  proper  rules,  so  as  not  to  interfere  with 
necessary  public  business,  will  be  permitted  to  the  parties  in  interest, 
or  their  attorneys,  under  the  supervision  of  those  officers. 


14. — Reports  and  opinions. 


Rule  51. — Upon  the  termination  of  a  contest  the  register  and  receiver 
will  render  a  joint  report  and  opinion  in  the  case,  making  full  and 
specific  reference  to  the  postings  and  annotations  upon  their  records. 

Rule  52. — The  register  and  receiver  will  promptly  forward  their  re- 
port, together  with  the  testimony  and  all  the  papers  in  the  case,  to  the 
Commissioner  of  the  General  Land  Office,  with  a  brief  letter  of  trans- 
mittal,  describing  the  case  by  its  title,  the  nature  of  the  contest,  and  the,* 
tract  involved.  N 

Rule  53. — The  local  officers  will  thereafter  take  no  further  actioiw 
affecting  the  disposal  of  the  land  in  contest  until  instructed  by  the 
Commissioner. 

15. — Taxation  of  costs. 

Rule  51. — Parties  contesting  pre-emption,  homestead,  or  timber-cult- 
ure entries  and  claiming  preference  rights  of  eutry  under  the  second 
section  of  the  act  of  May  14,  1880  (21  Stat.,  140),  must  pay  the  costs  of 
contest. 

Rule  55. — In  other  contested  cases  each  party  must  pay  the  costs  of 
taking  testimony  upon  his  own  direct  and  cross  examination. 

Rule  56. — The  accumulation  of  excessive  costs  under  Rule  54  will  not 
be  permitted  ;  but  where  the  officer  taking  testimony  shall  rule  that  a 
course  of  examination  is  irrelevant,  and  checks  the  same  under  Rule  41, 


12 

lie  may,  nevertheless,  in  his  discretion,  allow  the  same  to  proceed  at  the 
sole  cost  of  the  party  making  such  examination. 

Rule  57. — Where  parties  contesting  pre-emption,  homestead,  or  tim- 
ber-culture entries  establish  their  right  of  entry  under  the  pre-emption 
or  homestead  laws  of  the  laud  in  contest  by  virtue  of  actual  settle- 
ment and  improvement,  without  reference  to  the  act  of  May  14,  1880, 
the  cost  of  contest  will  be  adjudged  under  Rule  55. 

Rule  58. — Registers  and  receivers  will  apportion  the  costs  of  contest 
in  accordance  with  the  foregoing  rules,  and  may  require  the  party  liable 
thereto  to  give  security  in  advance  of  trial,  by  deposit  or  otherwise,  in 
a  reasonable  sum  or  sums,  for  paymeut  of  the  costs  of  transcribing  the 
testimony. 

Rule  59. — The  costs  of  contest  chargeable  by  registers  and  receivers 
are  the  legal  fees  for  reducing  testimony  to  writing.  No  other  contest 
fees  or  costs  will  be  allowed  to  or  charged  by  those  officers  directly  or 
indirectly. 

Rule  00. — Contestants  must  give  their  own  notices  and  pay  the  ex- 
penses thereof. 

Rule  01. — Upon  the  termination  of  a  trial,  any  excess  m  the  sum  de- 
posited as  security  for  the  costs  of  transcribing  the  testimony  will  be 
returned  to  the  proper  party. 

Rule  02. — When  hearings  are  ordered  by  the  Commissioner  or  by 
the  Secretary  of  the  Interior,  upon  the  discovery  of  reasons  for  suspen- 
sion in  the  usual  course  of  examination  of  entries,  the  preliminary  costs 
will  be  provided  from  the  contingent  fund  for  the  expenses  of  local  laud 
offices. 

Rule  03. — The  preliminary  costs  provided  for  by  the  preceding  sec- 
tion will  be  collected  by  the  register  and  receiver  when  the  parties  are 
brought  before  them  in  obedience  to  the  order  of  hearing. 

Rule  04. — The  register  and  receiver  will  then  require  proper  pro- 
vision to  be  made  for  such  further  notification  as  may  become  necessary 
in  the  usual  progress  of  the  case  to  final  decision. 

Rule  G5. — The  register  and  receiver  will  append  to  their  report  in 
each  case  a  statement  of  costs  and  the  amount  actually  paid  by  each  ot 
the  contestants,  and  also  a  statement  of  the  amount  deposited  to  secure 
the  payment  of  the  costs,  how  said  sum  was  apportioned,  and  the  amouut 
returned,  if  any,  and  to  whom. 

10. — Appeals  from  decisions  rejecting  applications  to  enter  public  lands. 

Rule  00. — For  the  purpose  of  enabling  appeals  to  be  taken  from  the 
rulings  or  action  of  the  local  officers  relative  to  applications  to  file  upon, 
enter,  or  locate  the  public  lands  the  following  rules  will  be  observed: 

1.  The  register  and  receiver  will  indorse  upon  every  rejected  applica- 
tion the  date  when  presented  and  their  reasons  for  rejecting  it. 

2.  They  will  promptly  advise  the  party  in  interest  of  their  action  and 
of  his  right  of  appeal  to  the  Commissioner. 


13 

3.  They  will  note  upon  their  records  a  memorandum  of  the  transac- 
tion. 

Eule  67. — The  party  aggrieved  will  be  allowed  thirty  days  from  re- 
ceipt of  notice  in  which  to  file  his  appeal  in  the  local  land  office.  Where 
the  notice  is  seut  by  mail,  five  days  additional  will  be  allowed  for  the 
transmission  of  notice  and  five  for  the  return  of  the  appeal. 

Rule  6S. — The  register  and  receiver  will  promptly  forward  the  appeal 
to  the  General  Land  Office,  together  with  a  full  report  upon  the  case. 

Eule  G9. — This  report  should  recite  all  the  facts  and  the  proceedings 
had,  and  must  embrace  the  following  particulars  : 

1.  A  statement  of  the  application  and  rejection,  with  the  reasons  for 
the  rejection. 

2.  A  description  of  the  tract  involved  and  a  statement  of  its  status, 
as  shown  by  the  records  of  the  local  land  office. 

3.  References  to  all  entries,  filings,  annotations,  memoranda,  and  cor- 
respondence shown  by  the  record  relating  to  said  tract  and  to  the 
proceedings  had. 

Eule  70. — Eules  43  to  48,  inclusive,  and  Eule  93  are  applicable  to  all 
appeals  from  the  decisions  of  registers  and  receivers. 

II. 


/  / 


PEOCEEDINGS  BEFOEE  SUEVEYOES-GENEEAL. 

Eule  71. — The  proceedings  in  hearings  and  contests  before  surveyors- 
general  shall,  as  to  notices,  depositions,  and  other  matters,  be  governed 
as  nearly  as  may  be  by  the  rules  prescribed  for  proceedings  before  regis- 
ters and  receivers,  unless  otherwise  provided  by  law. 

III. 

PEOCEEDLNGS  BEFOEE  THE  COMMISSIONEE  OF  THE  GEN- 
EEAL  LAND  OFFICE  AND  SECEETAEY  OF  THE  IN- 
TEEIOE. 

1. — Examination  and  argument. 

Eule  72. — When  a  contest  has  been  closed  before  the  local  land 
officers  and  their  report  forwarded  to  the  General  Land  Office,  no  ad- 
ditional evidence  will  be  admitted  in  the  case,  unless  offered  under  stip- 
ulation of  the  parties  to  the  record,  except  where  such  evidence  is 
presented  as  the  basis  of  a  motion  for  a  new  trial  or  in  support  of  a 
mineral  application  or  protest;  but  this  rule  will  not  prevent  the  Com- 
missioner, in  the  exercise  of  his  discretion,  from  ordering  further  investi- 
gation when  necessary. 

Eule  73. — After  the  Commissioner  shall  have  received  a  record  of 
testimony  in  a  contested  case,  thirty  days  will  be  allowed  to  expire 


14 

before  any  action  thereon  is  taken,  unless,  in  the  judgment  of  the  Com- 
missioner, public  policy  or  private  necessity  shall  demand  summary 
action,  in  which  case  he  will  proceed  at  his  discretion,  first  notifying 
the  attorneys  of  record  of  his  proposed  action. 

RULE  74. —  When  a  case  is  pending  on  appeal  from  the  decision  of 
the  register  and  receiver  or  surveyor- general,  and  argument  is  not  filed 
before  the  smite  is  reached  in  its  order  for  examination,  the  argument 
will  be  considered  closed,  and  thereafter  no  further  arguments  or  mo- 
tions of  any  kind  will  be  entertained  except  upon  written  stipulation 
duly  hied  or  good  cause  shown  to  the  Commissioner. 

Rule  75. — If  before  decision  by  the  Commissioner  either  party 
should  desire  to  discuss  a  case  orally,  reasonable  opportunity  therefor 
will  be  given  in  the  discretion  of  the  Commissioner,  but  only  at  a  time 
to  be  fixed  by  him  upou  notice  to  the  opposing  counsel,  stating  time 
and  specific  points  upon  which  discussion  is  desired;  and,  except  as 
herein  provided,  no  oral  hearings  or  suggestions  will  be  allowed. 

2. — Rehearing  and  review. 

Eule  76. — Motions  for  rehearing  before  registers  and  receivers,  or 
for  review  or  reconsideration  of  the  decisions  of  the  Commissioner  or 
Secretary,  will  be  allowed,  in  accordance  with  legal  principles  applicable 
to  motions  for  new  trials  at  law,  after  due  notice  to  the  opposing  party. 

Rule  77. — Motions  for  rehearing  and  review,  except  as  provided  in 
Rule  114,  must  be  filed  in  the  office  wherein  the  decision  to  be  affected 
by  such  rehearing  or  review  was  made  or  in  the  local  land  office,  for 
transmittal  to  the  General  Land  Office;  and,  except  when  based  upon 
newly-discovered  evidence,  must  be  filed  within  thirty  days  from  notice 
of  such  decision. 

Rule  78. — Motions  for  rehearing  and  review  must  be  accompanied 
by  au  affidavit  of  the  party,  or  his  attorney,  that  the  motion  is  made  in 
good  faith,  and  not  for  the  purpose  of  delay. 

Rule  79. — The  time  between  the  filing  of  a  motion  for  rehearing  or 
review  and  the  notice  of  the  decision  upon  such  motion  shall  be  excluded 
in  computing  the  time  allowed  for  appeal. 

Rule  80. — Xo  officer  shall  entertain  a  motion  in  a  case  after  an 
appeal  from  his  decision  has  been  taken. 

3. — Appeals  from  the  Commissioner  to  the  Secretary. 

Rule  81. — An  appeal  may  be  taken  from  the  decision  of  the  Com- 
missioner of  the  G-eueral  Land  Office  to  the  Secretary  of  the  Interior 
upon  any  question  relating  to  the  disposal  of  the  public  lands  and  to 
private  land  claims,  except  in  case  of  interlocutory  orders  and  decisions 
and  orders  for  hearing  or  other  matter  resting  in  the  discretion  of  the 
Commissioner.  Decisions  and  orders  forming  the  above  exception  will 
be  noted  in  the  record,  and  will  be  considered  by  the  Secretary  on 
review  in  case  an  appeal  upon  the  merits  be  finally  allowed. 


15 

Eule  82. — When  tbe  Commissioner  considers  an  appeal  defective,  he 
will  notify  the  party  of  the  defect,  and  if  not  amended  within  fifteen 
days  from  the  date  of  tbe  service  of  such  notice  the  appeal  may  be  dis- 
missed by  the  Secretary  of  the  Interior  and  the  case  closed. 

Eule  83. — In  proceedings  before  the  Commissioner,  in  which  he  shall 
formally  decide  that  a  party  has  no  right  of  appeal  to  the  Secretary,  the 
party  against  whom  such  decision  is  rendered  may  apply  to  the  Secre- 
tary for  an  order  directing  the  Commissioner  to  certify  said  proceedings 
to  the  Secretary  and  to  suspend  further  action  until  the  Secretary  shall 
pass  upon  the  same. 

Eule  84. — Applications  to  the  Secretary  under  the  precediug  rule 
shall  be  made  in  writing,  under  oath,  and  shall  fully  and  specifically  set 
forth  the  grounds  upon  which  the  application  is  made. 

Eule  85. — When  tbe  Commissioner  shall  formally  decide  against  the 
right  of  an  appeal,  he  shall  suspend  action  on  the  case  at  issue  for  twenty 
days  from  service  of  notice  of  his  decision,  to  enable  the  party  against 
whom  the  decision  is  rendered  to  apply  to  the  Secretary  for  an  order,  in 
accordance  with  Eules  83  and  84. 

Eule  86. — Notice  of  an  appeal  from  the  Commissioner's  decision 
must  be  filed  in  the  General  Land  Office  and  served  on  the  appellee  or 
his  counsel  within  sixty  days  from  the  date  of  the  service  of  notice  of 
such  decision. 

Eule  87. — When  notice  of  the  decision  is  given  through  the  mails 
by  the  register  and  receiver  or  surveyor-general,  five  days  additional 
will  be  allowed  by  those  officers  for  the  transmission  of  the  letter  and 
five  days  for  the  return  of  the  appeal  through  the  same  channel  before 
reporting  to  the  General  Land  Office. 

Eule  88. — Within  the  time  allowed  for  giving  notice  of  appeal  the 
appellant  shall  also  file  in  the  General  Land  Office  a  specification  of 
errors,  which  specification  shall  clearly  and  concisely  designate  the 
errors  of  which  he  complaius. 

Eule  89. — He  may  also,  within  the  same  time,  file  a  written  argu- 
ment, with  citation  of  authorities,  in  support  of  his  appeal. 

Eule  90. — A  failure  to  file  a  specification  of  errors  within  the  time 
required  will  be  treated  as  a  waiver  of  the  right  of  appeal,  and  the  case 
will  be  considered  closed. 

Eule  91 . — The  appellee  shall  be  allowed  thirty  days  from  the  expira- 
tion of  i  he  sixty  days  allowed  for  appeal  in  which  to  file  his  argument. 

Eule  92. — The  appellant  shall  be  allowed  thirty  days  from  service  of 
argument  of  appellee  in  which  to  file  argument  strictly  in  reply,  and 
no  other  or  further  arguments  or  motions  of  any  kind  shall  be  filed 
without  permission  of  the  Commissioner  or  Seoretary  and  notice  to  the 
opposite  party. 

Eule  93. — A  copy  of  the  notice  of  appeal,  specification  of  errors,  and 
all  arguments  of  either  party,  shall  be  served  on  the  opposite  party 
within  the  time  allowed  for  tiling  the  same. 


16 

Rule  94. — Such  service  shall  be  made  personally  or  by  registered 
letter. 

Rule  95. — Proof  of  personal  service  shall  be  the  written  acknowl- 
edgment of  the  party  served  or  the  affidavit  of  the  person  making  the 
service  attached  to  the  papers  served,  and  stating  time,  place,  and  man- 
ner of  service. 

Rule  90. — Proof  of  service  by  registered  letter  shall  be  the  affidavit 
of  the  person  mailing  the  letter  attached  to  a  copy  of  the  post-office 
receipt. 

Rule  97. — Fifteen  days,  exclusive  of  the  day  of  mailing,  will  be  al- 
lowed for  the  transmission  of  notices  and  papers  by  mail,  except  in  case 
of  notice  to  resident  attorneys,  when  one  day  will  be  allowed. 

Rule  98. — Notice  of  interlocutory  motions  and  proceedings  before 
the  Commissioner  and  Secretary  shall  be  served  personally  or  by  reg- 
istered letter,  and  service  proved  as  provided  in  Rules  94  and  95. 

Rule  99. — No  motion  affecting  the  merits  of  the  case  or  the  regular 
order  of  proceedings  will  be  entertained  except  on  due  proof  of  service 
of  notice. 

Rule  100. — Ex  parte  cases  and  cases  in  which  the  adverse  party 
does  not  appear  will  be  governed  by  the  foregoing  rules  as  to  notices  of 
decisions,  lime  for  appeal,  and  filing  of  exceptions  and  arguments,  as 
far  as  applicable.  In  such  cases,  however,  the  right  to  file  additional 
evidence  at  any  stage  of  the  proceedings  to  cure  defects  in  the  proof  or 
record  will  be  allowed. 

Rule  101. — No  person  hereafter  appearing  as  a  party  or  attorney  in 
any  case  shall  be  entitled  to  a  notice  of  the  proceedings  who  does  not 
at  the  time  of  his  appearance  file  in  the  office  in  which  the  case  is  pend- 
ing a  statement  in  writing,  giving  his  name  and  post-office  address  and 
the  name  of  the  party  whom  he  represents ;  nor  shall  any  person  who 
has  heretofore  appeared  in  a  case  be  entitled  to  a  notice  unless  within 
fifteen  days  after  being  requested  to  file  such  statement  he  shall  comply 
with  said  requirement. 

Rule  102. — No  person  not  a  party  to  the  record  shall  intervene  in  a 
case  without  first  disclosing  on  oath  the  nature  of  his  interest. 

Rule  103. — When  the  Commissioner  makes  an  order  or  decision  af- 
fecting the  merits  of  a  case  or  the  regular  order  of  proceedings  therein 
he  will  cause  notice  to  be  given  to  each  party  in  interest  whose  address 
is  known. 

4. — Attorneys. 

Rule  104. — In  all  cases,  contested  or  ex  parte,  where  the  parties  in 
interest  are  represented  by  attorneys,  such  attorneys  will  be  recognized 
as  fully  controlling  the  cases  of  their  respective  clients. 

Rule  105. — All  notices  will  be  served  upon  tbe  attorneys  of  record. 

Rule  106. — Notice  to  one  attorney  in  a  case  shall  constitute  notice 
to  all  counsel  appearing  for  the  party  represented  by  him,  and  notice 
to  the  attorney  will  be  deemed  notice  to  the  party  in  interest. 


17 

Rule  107. — All  attorneys  practicing  before  the  General  Land  Office 
and  Department  of  the  Interior  must  first  file  the  oath  of  office  pre- 
scribed by  section  3478  United  States  Eevised  Statutes. 

Rule  108. — In  the  examination  of  any  case,  whether  contested  or  ex 
parte,  and  for  the  preparation  of  arguments,  the  attorneys  employed, 
when  in  good  standing  in  the  Department,  will  be  allowed  full  oppor- 
tunity to  consult  the  record  of  the  case  and  to  examine  the  abstracts, 
plats,  field  notes,  and  tract-books,  and  the  correspondence  of  the  Gen- 
eral Land  Office  or  of  the  Department  relative  thereto,  and  to  make 
verbal  inquiries  of  the  various  chiefs  of  divisions  at  their  respective 
desks  in  respect  to  the  papers  or  status  of  said  case ;  but  such  personal 
inquiries  will  be  made  of  no  other  clerk  in  the  division  except  in  the 
presence  or  with  the  consent  of  the  head  thereof,  and  will  be  restricted 
to  the  hours  between  11  a.  m.  and  2  p.  m. 

Rule  109. — Any  attorney  detected  in  any  abuse  of  the  above  privi- 
leges or  of  gross  misconduct,  upon  satisfactory  proof  thereof,  after  due 
notice  and  hearing,  shall  be  prohibited  from  further  practicing  before 
the  Department. 

Rule  110. — Should  either  party  desire  to  discuss  a  case  orally  before 
the  Secretary  opportunity  will  be  afforded  at  the  discretion  of  the  De- 
partment, but  only  at  a  time  specified  by  the  Secretary  or  fixed  by  stip- 
ulation of  the  parties,  with  the  consent  of  the  Secretary,  and  in  the 
absence  of  such  stipulation  or  written  notice  to  opposing  counsel,  with 
like  consent,  specifying  the  time  when  argument  will  be  heard. 

Rule  111. — The  examination  of  cases  on  appeal  to  the  Commissioner 
or  Secretary  will  be  facilitated  by  filing  in  printed  form  such  arguments 
as  it  is  desired  to  have  considered. 

5. — Decisions. 

Rule  112. — Decisions  of  the  Commissioner  not  appealed  from  within  • 
the  period  prescribed  become  final,  and  the  case  will  be  regularly  closed. 

Rule  113. — The  decision  of  the  Secretary,  so  far  as  respects  the  action 
of  the  Executive,  is  final. 

Rule  111. — Motions  for  review  before  the  Secretary  of  the  Interior 
and  applications  under  Rules  83  and  84  shall  be  filed  with  the  Commis- 
sioner of  the  Land  Office,  who  will  thereupon  suspend  action  under  the 
decision  sought  to  be  reviewed  and  forward  to  the  Secretary  such  mo- 
tion or  application. 

None  of  the  foregoing  rules  shall  be  construed  to  deprive  the  Secre- 
tary of  the  Interior  of  the  exercise  of  the  directory  and  supervisory 
powers  conferred  upon  him  by  law. 

L.  Q.  C.  LAMAR, 

Secretary. 
6108  R  P 2 


A  M  E  N  1)  M  E  N  T  S 


Department  of  the  Interior, 
General  Land  Office, 

Washington,  D.  C.  October  26,  1885. 
Registers  and  Receivers, 

United  States  Land  Offices. 
Gentlemen  : 

Paile  70  of  Rules  of  Practice,  approved  August  13,  1885,  is  hereby 
amended  to  read  as  follows  : 

"  Rule  70.  Rules  43  and  48,  inclusive,  and  Rule  93  are  not  applicable 
to  appeals  from  decisions  rejecting  applications  to  enter  public  lands." 

WM.  A.  J.  SPARKS, 

Commissioner. 
Approved  October  2G,  1885 : 
H.  L.  Muldrotf, 

Acting  Secretary. 


Department  of  the  Interior, 
General  Land  Office, 

Washington,  J).  C,  December  8,  1885. 

Rule  81  of  Rules  of  Practice,  approved  August  13,  1885,  is  hereby 
amended  so  as  to  read  as  follows: 

"No  appeal  shall  be  had  from  the  action  of  the  Commissioner  of  the 
General  Land  Office  affirming  the  decision  of  the  local  officers  in  any 
case  where  the  party  or  parties  adversely  affected  thereby  shall  have 
failed,  after  due  notice,  to  appeal  from  such  decision  of  said  local  offi- 
cers. 

"  Subject  to  this  provision  an  appeal  may  be  taken  from  the  decision 
of  the  Commissioner  of  the  General  Land  Office  to  the  Secretary  of  the 
Interior  upon  any  question  relating  to  the  disposal  of  the  public  lands 
and  to  private  land  claims,  except  in  case  of  interlocutory  orders  and 
decisions  and  orders  for  hearing  or  other  matter  resting  in  the  discre- 
18 


19 

tdon  of  the  Commissioner.  Decisions  and  orders  forming  the  above  ex- 
ception will  be  noted  in  the  record,  and  will  be  considered  by  the  Sec- 
retary on  review  in  case  an  appeal  npon  the  merits  be  finally  allowed." 

WM.  A.  J.  SPARKS, 

Commissioner. 
Approved  December  8,  1885  : 

H.  L.  Muldeow, 

Acting  Secretary. 


Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C,  January  11,  18S6. 

Rule  10S  of  Rules  of  Practice,  approved  August  13,  1885,  is  hereby 
amended  so  as  to  read  as  follows : 

"In  the  examination  of  any  case,  whether  contested  or  ex  parte,  the 
attorneys  employed  in  said  case,  when  in  good  standing  in  the  Depart- 
ment, for  the  preparation  of  arguments,  will  be  allowed  full  opportunity 
to  consult  the  records  of  the  case,  the  abstracts,  field-notes,  and  tract- 
books,  and  the  correspondence  of  the  General  Land  Office  or  of  the  De- 
partment not  deemed  privileged  and  confidential;  and  whenever,  in  the 
judgment  of  the  Commissioner,  it  would  not  jeopardize  any  public  or 
official  interest,  may  make  verbal  inquiries  of  chiefs  of  divisions  at  their 
respective  desks  in  respect  to  the  papers  or  status  of  said  case  ;  but  such 
inquiries  will  not  be  made  to  said  chiefs  or  other  clerks  of  division  ex- 
cept upon  consent  of  the  Commissioner,  Assistant  Commissioner,  or 
chief  clerk,   and  will  be  restricted  to  hours  between  11  a.  m.  and  2 


p.  in." 


Approved  January  11,  1886  : 
L.  Q.  C.  Lamar. 

Secretary. 


WM.  A.  J.  SPARKS, 

Commissioner. 


Department  of  the  Interior, 

General  Land  Office, 
Washington,  D.  C,  March  27,  1886. 

Rule  114  of  practice  is  amended  to  read  as  follows : 
"  Motions  for  a  review  of  decisions  of  the  Secretary  should  be  filed 
with  the  Secretary,  who  may,  in  his  discretion,  .suspend  action  on  the 
decision  sought  to  be  reviewed  until  such  motion  shall  be  decided." 

WM.  A.  J.  SPARKS, 

Commissioner. 
Approved : 

L.  Q.  C.  Lamar. 

Secretary-. 
10950—2500 

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